Page No.# 1/5 GAHC010046912024 2026:GAU-AS:7269 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1337/2024 RUKUN UDDIN C/O- ABDUL HAMID, VILL- GUNAIBORI, P.O.- LOCHANABORI, DIST.- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT (SECONDARY) DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS MORIGAON DISTRICT CIRCLE DISTRICT- MORIGAON ASSAM. 4:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR PROVINCIALISATION OF SERVICES OF TEACHING AND NON- TEACHING STAFF MORIGAON DIST.- MORIGAON ASSAM. Page No.# 2/5 5:THE STATE LEVEL SCRUTINY COMMITTEE FOR PROVINCIALISATION OF SERVICES OF TEACHING AND NON- TEACHING STAFF OF SECONDARY DEPARTMENT DISPUR GUWAHATI-6. TO BE REPRESENTED BY ITS CHAIRMAN-CUM-DIRECTOR OF SECONDARY EDUCATION ASSAM. 6:THE PRINCIPAL H.A.M. GIRLS SENIOR SECONDARY SCHOOL MOIRABARI DIST.- MORIGAON ASSAM Advocate for the Petitioner : MR A R BHUYAN, MR S ABDULLAH,MR N A MAZARBHUIYA,MS. S SAHNAZ,MR N Z CHOUDHURY Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN 22.05.2026 Heard Mr A R Bhuyan, learned Senior Counsel, assisted by Mr S Laskar, learned counsel for the petitioner and Mr P P Dutta, learned Standing Counsel for Secondary Education. 2. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for provincialization of his service/post as a Post-Graduate Teacher in the subject of Mathematics in HAAM Girls’ Senior Secondary School, Morigaon District. The petitioner has also prayed for quashing of the order dated 06.01.2024, by which the name of the petitioner was dropped from the purview of provincialization of his services with the further prayer for disposing of his representation dated 08.02.2024. Page No.# 3/5 3. The case of the petitioner is that he was selected and appointed as a Post-Graduate Teacher, Mathematics in HAAM Girls’ Senior Secondary School, vide appointment order dated 16.06.2008 and that he has joined in the said post on 17.06.2008. The case of the petitioner was considered by the District Scrutiny Committee for provincialization of his services, he being the only teacher teaching Mathematics in the junior college. The Principal of the said junior college had forwarded the name of the petitioner, along with others for provincialization of their services. However, the said process could not be completed because of some litigations against the petitioner and others, due to which, the petitioner and others filed a writ petition being WP(C) No. 2522 of 2021 and this Court, vide order dated 08.04.2021, observed that the case of the petitioner and others were considered by both the District Level Scrutiny Committee and State Level Committee and the names of petitioner and others were recommended for provincialization after having the requisite qualifications and due to the same, the Court observed that there is no reason for the Education Department to hold the process without bringing the same to its logical end. The Court further directed that the process for provincialization of the petitioner’s services, which included the present petitioner be brought to a logical end, within a period of 2 (two) months from the date of receipt of the order. 4. Thereafter, the process for provincializing the services of the petitioner started along with others and it is stated that the other teachers/professors were considered for provincialization of their services, but the petitioner was left out. It is stated by the Page No.# 4/5 petitioner that the reason for leaving out the petitioner was due to lack of enrollment. However, the learned counsel appearing for the petitioner submits that there was no lack of enrollment as the minimum requirement under the Act, namely, Assam Education (Provincialization of Services of Teachers and Re-Organization of Educational Institutions) Act of 2017, is enrollment for 10 students in the last final examination in the particular subject and the petitioner to his knowledge had more enrollment than the required 10 (ten) students. 5. This Court, during the proceedings of the instant petition, had instructed the learned counsel appearing for the Secondary Education Department, to bring the instructions as to the enrollment part and Mr P P Dutta, learned Standing Counsel for Secondary Education Department, places an instructions from the Director of Secondary Education, dated 16.05.2026, by which it is seen that initially, the enrollment was stated to be 8 (eight) in the year 2016, in respect of the subject of Mathematics, which the petitioner was teaching. However, on a re-verification, the enrollment was found to be 19 (nineteen) for the year 2016. 4. It is provided under Section 3 (1) Clause- (7) of the 2017 Act, that for provincialization of services of one teacher or Tutor in each subject in case of Venture High School or Venture High Madrassa or Venture Higher Secondary School or Venture Senior Secondary School, at least 10 (ten) students must have appeared in the last final examination in that particular subject from that institution. In the instant case, it is seen Page No.# 5/5 from the instructions placed by the learned Standing Counsel for Secondary Education Department 19 numbers of students appeared in HS Final Examination of 2016, from HAAM Junior Girls’ College, in Mathematics subject. As such, the requirement of having sufficient enrollment is complied with in the instant case. Since the petitioner has met with the requirements provided for provincialization of his services, it is, as such directed that the Secretary, Department of School Education, Government of Assam, will verify the records, as mentioned above and on verification of the same, if found eligible, shall provincialize the services of the petitioner. 5. Petition is disposed of. 6. The instructions dated 16.05.2026 mentioned above, is kept as a part of the record. JUDGE Comparing Assistant